On the Constitution as the Content Source of the Civil Code
The question of the specific meaning of"making the Civil Code in accordance with the Constitution"involves the extremely important"constitutional-civil relations issue"of"whether the Constitution is the content source of the Civil Code",which has been debated until now.Two analytical approaches are adopted in this article.On the opposite side,"making the Civil Code according to the Constitution"constitutes a prerequisite for constitutional review of the Civil Code,and conversely,if it can be proved that the contents of the Civil Code can be reviewed for constitutionality,it means that there is a content connection between the Constitution and the Civil Code;On the positive side,the Civil Code is also the product of the legislator's evaluation of conflicting interests.In a country governed by the rule of law,the rules,principles and spirit of the Constitution are important standards for evaluating interests,thus creating a content connection between the Constitution and the Civil Code.Although the Civil Code is naturally constitutional in the natural sense,it will inevitably face a crisis of constitutionality in the real sense,and constitutional interpretation is an important way to solve this"dichotomy dilemma".
constitutional legislationconstitutionality reviewjurisprudence of interest
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